RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat....

22
TAMIL NADU LEGISLATIVE ASSEMBLY (NINTH ASSEMBLY) SIXTH SESSION (From 18th January 1991 to 25th January 1991) RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009.

Transcript of RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat....

Page 1: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

TAMIL NADU LEGISLATIVE ASSEMBLY

(NINTH ASSEMBLY)

SIXTH SESSION (From 18th January 1991 to 25th January 1991)

RESUME OF BUSINESS

Legislative Assembly Secretariat. Madras-600 009.

Page 2: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted
Page 3: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

PREFACE

This publication contains a brief resume of the Business transacted by the Tamil Nadu

Legislative Assembly during its Sixth Session of the Ninth Tamil Nadu Legislative Assembly

held from the 18th January, 1991 to 25th January, 1991.

Madras-600 009, T.P. DELHI DORAI, 18th February 1991. Secretary.

Page 4: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted
Page 5: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

CONTENTS

Serial Number

(1)

Subject.

(2)

Page.

(3) I

Summons

1

II Duration of the Meeting 1

III Dissolution 1

IV Sittings of the Assembly 1

V Obituary References 2

VI Condolence Resolution 2

VII Governor's Address and the Motion of Thanks thereupon 2

VIII Panel of Chairmen 3

IX Questions 3

X Statement made by Ministers under Rule 111 of the Tamil Nadu Legislative Assembly Rules

3

XI Calling Attention Notices under Rule 55 of the Tamil Nadu Legislative Assembly Rules

4

XII Financial Business 5

XIII. Legislative Business 6

XIV Statutory Resolutions under Rule 166 of the Tamil Nadu Legislative Assembly Rules

9

XV Government Motions 9

XVI Privilege Matters 10

XVII Withdrawal of Members from the House 10

XVIII Announcements by the Hon. Speaker 11

XIX Rulings given by the Hon. Speaker 11

XX Presentation of Committee Reports 14

XXI Papers Laid on the Table of the House 16

Page 6: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted
Page 7: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

1

TAMIL NADU LEGISLATIVE ASSEMBLY

NINTH ASSEMBLY - SIXTH SESSION ----

RESUME OF WORK TRANSACTED BY THE

TAMIL NADU LEGISLATIVE ASSEMBLY FROM 18th JANUARY 1991 TO 25th JANUARY 1991

-----------

I. SUMMONS.

Summons for the Sixth Session of the Ninth Tamil Nadu Legislative Assembly were issued to Members on the 26th December 1990 in S.O. Ms.No.287, Legislative Assembly Secretariat, dated the 26th December 1990.

II. DURATION OF THE MEETING.

The Sixth Session of the Tamil Nadu Legislative Assembly commenced on the 18th January 1991 and was adjourned on the 25th January 1991 to meet again on the 2nd February 1991.

III. DISSOLUTION.

The Ninth Tamil Nadu Legislative Assembly was dissolved with effect from the

30th January 1991 by a proclamation issued by the President of India under Article 356 of the Constitution of India.

IV. SITTINGS OF THE ASSEMBLY.

The Tamil Nadu Legislative Assembly met for 6 days during the period from 19th to 25th January 1991, on the following days:-

19th January 1991, 21st January 1991, 22nd January 1991, 23rd January 1991, 24th January 1991 and 25th January 1991.

It also met in the evening for two days on the 22nd January 1991 and 24th January 1991.

In terms of Hours, it sat for 27 hours and 12 minutes.

Page 8: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

2

V. OBITUARY REFERENCES.

Obituary references were made in the Assembly on the demise of the following former Members of the Assembly on the dates noted against each:-

Serial No.

(1)

Name.

(2)

Constituency

(3)

Period in which

served as member

(4)

Date of Demise

(5)

Date which reference was made in the

House.

(6)

1. Thiru V.S. Ilanchezhian

Viralimalai, Thiruchirapalli District

1967-1971 1971-1976

14th September 1990

19th January 1991.

2.

Thiru P.R.. Kandasamy Gounder.

Pollachi (General Rural Coimbatore District.

1946-1952

14th December 1990

19th January 1991.

3.

Thiru K. Bojan

Udagamandalam, The Nilgiris District.

1967-1971

18th December 1990

19th January 1991.

All the Members stood in silence for one minute as a mark of respect for the

deceased.

VI. CONDOLENCE RESOLUTION.

On the 19th January, 1991, Hon. Dr. K. Anbazhagan, Minister for Education (Leader of the House) moved the following Condolence Resolution namely:- "ÞQò ð‡¹‹, ï™ô àœ÷º‹, ªêò™ ÝŸø½‹ ªè£‡ìõ¼‹ ÞŠ«ðó¬õJ™ Þó£ñï£î¹ó‹ ñ£õ†ì‹ Þó£ñï£î¹ó‹ ªî£°FJL¼‰¶ «î˜‰ªî´‚èŠð†ì àÁŠHù¼ñ£Aò F¼. â‹. âv. «è. ó£«ü‰Fó¡ Üõ˜èœ 2-12-1990 Ý‹ ï£÷¡Á ñ¬ø‰î ¶òó„ ªêŒF «è†´ ÞŠ«ðó¬õ õ¼‰¶Aø¶. Ü¡ù£K¡ °´‹ðˆFù¼‚° îù¶ Ý›‰î Þóƒè¬ô ÞŠ«ðó¬õ ªîKMˆ¶‚ ªè£œAø¶.

The above Resolution was adopted nem con and the House observed silence for a minute and then adjourned for the day as a mark of respect to the deceased.

VII. GOVERNOR'S ADDRESS AND MOTION OF THANKS THEREUPON.

Thiru Surjit Singh Barnala, Governor of Tamil Nadu, addressed the Members of the Tamil Nadu Legislative Assembly assembled in the Legislative Assembly Chamber, Secretariat, Madras at 10.00 a.m. on Friday, the 18th January 1991.

Page 9: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

3

The motion of Thanks to the Governor's Address was moved by Thiru R. Chinnasamy and seconded by Thiru S.M.N. Ubaidullah on the 21st January 1991.

The discussion on the Motion of Thanks took place in the Assembly for five days viz., 21st, 22nd 23rd, 24th and 25th January 1991. Nineteen Members took part in the discussion. The Hon. Chief Minister replied to the debate on the 25th January 1991.

Forty amendments to the Motion of Thanks were received out of which thirteen were admitted and Twenty-seven amendments were disallowed. Thiru S. D. Ugamchand moved amendments standing against his name in the House on the 24th January 1991. At the end of discussin on the motion of Thanks,, the amendments moved by Thiru S. D. Ugamchand were by leave of the House, withdrawn by the Member and the original Motion of Thanks to the Governor's Address moved by Thiru R. Chinnasamy was adopted by the House on the 25th January 1991.

VIII. PANEL OF CHAIRMEN.

On the 21st January, 1991, Hon. Speaker announced the following Panel of Chairmen for the Sixth Sesion of the Ninth Tamil Nadu Legislative Assembly:- 1. Thiru S. Sivasubramanian 2. Thiru M. Ramachandran 3. Thiru A. Natarajan 4. Prof K. Ponnusamy 5. Thiru P. V. Rajendiran 6. Thiru S. Noor Mohammed.

IX. QUESTIONS.

Ninety-eight Starred Questions were answered on the floor of the House. Answers to

250 Unstarred Questions were also placed on the Table of the House. X. STATEMENT MADE BY MINISTER UNDER RULE 111 OF THE TAML NADU

LEGISLATIVE ASSEMBLY RULES.

During the period under Review only one Statement was made under Rules 111 of the Tamil Nadu Legislative Assembly Rules.

On 23rd January 1991, Hon. Thiru Veerapandi S. Arumugam Mnister for Agriculture, made a statement correcting his reply given on the floor of the House on 21st April 1990 while replying to the discussion on Demand No. 20-Agriculture that the Government has now decided to purchase 30 Bulldozers for the Agricultural Engineering Department through the Tamil Nadu Agricultural Industrial Corporation by obtaining Rs.5 crores from the Indian Bank.

Page 10: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

4

XI. CALLING ATTENTION STATEMENT.

Four Call Attention Statements were made on the floor of the House by the Hon. Ministers on the following matters of urgent Public importance:-

Serial Number.

(1)

Date on which the statement was made.

(2)

Name of the Members who called the attention

of the ministers. (3)

Minister who made the statement.

(4)

Subject.

(5)

1.

23rd January 1991 Thiru S.D. Ugamchand

Hon. Minister for Public Health

The situation caused by the effluent let out from the banian factories at Tiruppur in Coimbatore District.

2.

23rd January 1991

Thiru R. Singaram

Hon. Minister for Adi-Dravidar welfare.

Non availability of colony houses to about 100 Tribal people living in Vaitheeswaran Koil in Thanjavur.

3.

24th January 1991

Thiru N. Palanivel

Hon. Minister for Food and Co-operation.

The non-availability of fertilizers such as Urea, Ammonia and Sulphate in Madurai and Dindugal Qaide-e-Milleth Districts and the need to supply them to the farmers in fair price through Agricultural Co-operative Societies.

4. 25th January 1991 Thiru S.D. Ugamchand Hon. Minister for Public Health Non-functioning of ten operation theatres out of thirteen theatres in Government General Hospital, Madras.

Page 11: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

5

XII. FINANCIAL BUSINESS.

On the 22nd January 1991, Hon. Dr. M. Karunanidhi, Chief Minister presented to the

House the Second Supplementary Statement of Expenditure for the year 1990-91.

Discussion on the Second Supplementary Estimates for 1990-91 took place in the House on the 24th January 1991 and the House voted the Demands in full and Grants were made.

The Appropriation Bill relating to the Second Supplementary Statement of Expenditure for 1990-91 i.e. the Tamil Nadu Appropriation Bill, 1991 (L.A. Bill No. 17 of 1991) was introduced in the Assembly on the 24th January 1991 and it was considered and passed on the 25th January, 1991.

Page 12: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

6

XIII. LEGISLATIVE BUSINESS.

During the period, 18 Bills were introduced of which 15 Bills were considered and passed. Two Bills introduced during the previous session were also considered and passed during this session. The details are as follows:-

Serial Number.

(1)

Title of the Bill.

(2)

Date of Introduction

(3)

Date of consideration and passing.

(4)

1. *The Tamil Nadu General Sales Tax (Fourth Amendment) Bill, 1990 (L.A.Bill No.43 of 1990).

23rd August 1990.

22nd January 1991.

2.

@The Tamil Nadu Entertainment Tax (Amendment) Bill, 1990 (L.A.Bill No. 44 of 1990).

Do.

Do.

3.

The Pachaiyappa’s Trust and the Scheduled Public Trusts and Endowments (Taking over of Management) Amendment Bill, 1991 (L.A.Bill No.1 of 1991)

21st January 1991.

24th January 1991.

4.

The Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Amendment Bill 1991 (L.A.Bill No.2 of 1991)

Do.

24th January 1991.

5.

The Tamil Nadu District Municipalities (Second Amendment and Special Provisions) Amendment Bill, 1991 (L.A. Bill No.3 of 1991)

Do.

22nd January 1991.

6.

The Tamil Nadu Municipal Corporation Laws (Amendment) Bill, 1991 (L.A.Bill No.4 of 1991).

Do.

Do.

7.

The Tamil Nadu Municipal Councils (Appointment of Special Officers) Bill, 1991 (L.A. Bill No. 5 of 1991).

Do.

Do.

Page 13: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

7

Serial

Number. (1)

Title of the Bill.

(2)

Date of Introduction

(3)

Date of consideration and passing.

(4)

8. The Tamil Nadu Panchayats and Panchayat Union Councils (Appointment of Special Officers) Bill, 1991 (L.A. Bill No. 6 of 1991).

21st January 1991.

22nd January 1991.

9.

The Tamil Nadu Panchayats (Amendment) Bill, 1991 (L.A. Bill No. 7 of 1991)

Do.

Do.

10.

The Tamil Nadu Bhoodan Yagna (Amendment) Bill, 1991 (L.A. Bill No.8 of 1991).

21st January 1991.

..

11.

The Tamil Nadu Town and Country Planning (Amendment) Bill, 1991 (L.A.Bill No.9 of 1991).

Do.

..

12.

The Tamil Nadu Agricultural Produce Markets Laws (Amendment) Bill, 1991 (L.A. Bill No. 10 of 1991).

22nd January 1991.

24th January 1991.

13.

The Tamil Nadu Agricultural University (Amendment) Bill, 1991 (L.A. Bill No.11 of 1991).

Do.

Do.

14.

The Dr. M.G.R. Medical University, Tamil Nadu (Amendment) Bill, 1991 (L.A. Bill No.12 of 1991).

Do.

Do.

15.

The Tamil Nadu General Sales Tax (Second Amendment) Bill, 1991 (L.A. Bill No.13 of 1991).

23rd January 1991

Do.

Page 14: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

8

Serial

Number.

(1)

Title of the Bill.

(2)

Date of Introduction

(3)

Date of consideration and passing.

(4)

16.

The Tamil Nadu Entertainment Tax (Second Amendment) Bill, 1991 (L.A. Bill No.14 of 1991).

23rd January 1991

24th January 1991.

17.

The Tamil Nadu Motor Vehicles Taxation (Amendment) Bill, 1991 (L.A. Bill No.15 of 1991).

Do.

Do.

18.

The Tamil Nadu Motor Vehicles (Special Provisions) Repeal Bill, 1991 (L.A. Bill No. 16 of 1991).

Do.

Do.

19.

The Tamil Nadu Appropriation Bill, 1991 (L.A. Bill No. 17 of 1991).

24th January 1991.

25th January 1991.

20.

The Tamil Nadu Entertainments Tax (Third Amendment) Bill, 1991 (L.A. Bill No. 18 of 1991).

25th January 1991.

..

• After passing the title of the Bill changed as the Tamil Nadu General Sales Tax (Amendment) Bill, 1991. @ After passing, the title of the Bill changed as the Tamil Nadu Entertainments Tax (Amendment) Bill 1991.

Page 15: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

9

XIV. STATUTORY RESOLUTIONS UNDER RULE 166 OF THE TAMIL NADU LEGISLATIVE ASSEMBLY RULES.

The following statutory Resolution given notice of by Thiru S. D. Ugamchand was

not moved in the House as the Member was not present at the time of consideration of the Bill replacing the Ordinance:-

“That this House disapproves the Tamil Nadu Municipal Corporation Laws (Third Amendment) Ordinance, 1990 (Tamil Nadu Ordinance No. 4 of 1990) Promulgated by the Governor on the 25th September 1990”.

The Bill replacing the Ordinance was thereafter considered and passed on the 22nd January 1991.

(2) On the 24th January 1991, Thiru S.D. Ugamchand moved the following Resolution:

“That this House disapproves the Pachayappa’s Trust and the Scheduled Public Trusts

and Endowments (Taking over of Management) Amendment Ordinance, 1990 (Tamil Nadu Ordinance No. 12 of 1990) promulgated by the Governor on the 19th December 1990”.

After the conclusion of discussion on the above Resolution and the Bill replacing the

Ordinance, the Resolution was by leave of the House withdrawn by the Member and the Bill was passed.

XV. GOVERNEMENT MOTIONS.

(1) On the 25th January 1991, Hon. Dr. K. Anbazhagan, Minister for Education

(Leader of the House) moved the following motion:-

“That this Assembly do proceed to elect the following two Members to be Members of the Senate of the Manonmaniam Sundaranar University:-

Thiru A. L. Subramanian Thiru S. Peter Alphonse” The motion was put and carried.

(2) On the 25th January 1991, Hon. Dr. K. Anbazhagan, Minister for Education

(Leader of the House) moved the following motion:- "That this Assembly do proceed to elect the following two Members to be Members

of the Senate of Dr. M.G.R. Medical University:- 1. Thiru M. K. Stalin 2. Thiru W. R. Varadarajan."

The motion was put and carried.

Page 16: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

10

(3) On the 25th January 1991, Hon. Dr. Anbazhagan, Minister for Education (Leader of the House) moved the following motion:-

“That under Rule 25(1) of the Tamil Nadu Legislative Assembly Rules, this House be adjourned today to meet again at 11-00 a.m. on the 2nd February 1991”. The motion adopted nem con.

XVI. PRIVILEGE MATERS.

(1) On the 21st January 1991, Thiru N. Ganapathy raised a matter of privilege against

Thiru Vazhapadi K. Ramamurthi, Member of Parliament and President of the Tamil Nadu Congress. Committee for casting reflection on the dignity of the Office of Speaker and thus constitute a contempt of the House.

Hon. Speaker reserved his ruling. However, the matter lapsed consequent on the dissolution of the Assembly.

(2) On the 21st January 1991, Hon. Thiru Duraimurugan, Minister for Public Works raised a matter of privilege against Thiru R. Singaram, Member of the House for leveling certain allegations against the LTTE without producing documents to substantiate his charges and back-tracked to say that the concerned documents had been produced in the Court.

Hon. Speaker reserved his ruling.

On the 22nd January 1991, Hon. Speaker ruled that certain statement made by Thiru R. Singaram in his speech were quite contradictory and in contravention of the Assembly Rules and amounted to misleading the House. He however, admonished the Member and expressed the hope that Thiru R. Singaram would not indulge in such a practice in future. Hon. Speaker also announced that the warning given to Thiru. R. Singaram would be borne in mind by the other Members as well.

(3) On the 25th January 1991, Thiru W. R. Varadharajan, raised a matter of privilege against the Tamil Fortnightly “THUGLAK” for publishing a derogatory observation about Legislators in the “Question and Answer” section of the Magazine in its issue dated the 15th January 1991 stating that it is an insult to the Legislators and the Legislature.

Hon. Speaker said that he would give his ruling after obtaining the comments from the Editor of the Magazine. But, however, the matter lapsed consequent on the dissolution of the Assembly.

XVII. WITHDRAWAL OF MEMBERS FROM THE HOUSE

On the 21st January 1991, Hon. Speaker named Thiru S. Thirunavukkarasu and

Thiru K.K.S.S.R. Ramachandran to withdraw from the House for persistently obstructing the proceedings of the House. When they refused to do so, the Marshal was called in and the two Members were removed from the House.

Page 17: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

11

On the 23rd January 1991, Hon. Speaker ordered the members of the A.I.A.D.M.K. present in the House at that time to withdraw from the House for continuously defying the Chair and raising slogans in the House. When they persisted in their defiant attitude, the Marshal was called in and they were evicted from the House. When the Marshal and the Watch and ward were engaged in evicting the members of the A.I.A.D.M.K. present then in the House, the Hon, Speaker by using his residuary powers ordered all the A.I.A.D.M.K. members who where present in the House were suspended from the House during the remainder of the session, including the Budget Session.

XVIII. ANNOUNCEMENT BY THE HON. SPEAKER.

(1) On the 21st January 1991, Hon. Speaker announced in the House that Dr. E. Ramakrishnan, a member representing Acharappakkkam (SC) Constituency from Chengai Anna District has resigned his membership of the Legislative Assembly from he 2nd January 1991 and that the resignation was accepted by him from that date under sub-clause 3 (b) of Article 190 of the Constitution of India.

(2) On the 21st January 1991, Hon. Speaker announced in the House that Thiru K.

Madhappan, a member representing Palacode Assembly Constituency in Dharmapuri District has resigned his Membership of the Ninth Tamil Nadu Legislative Assembly from the 18th January 1991 and that the resignation was accepted by him from that date under sub-clause 3 (b) of Article 190 of the Constitution of India.

(3) On the 21st January 1991, Hon. Speaker announced in the House that he has

recognized the Indian National Congress as the Largest Opposition Party and its Leader Thiru G. Karuppiah Moopanar as the Leader of-Opposition in the Tamil Nadu Legislative Assembly with effect from 19th January 1991 as the A.I.A.D.M.K. Legislature Party had lost the status of the largest Opposition Party consequent on the resignation of Thiru K. Madhappan from the membership of the House.

(4) On the 24th January, 1991 Hon. Speaker gave the following Ruling in the House that

the Governor has fixed the 2nd February 1991 as the date for the Presentation of the Budget for the year 1991-92 to the Legislative Assembly and that the House would meet at 11.00 a.m. on that day.

XIX. RULINGS GIVEN BY THE HON. SPEAKER.

(1) On the 21st January, 1991 Hon. Speaker gave the following Ruling in the House:-

“I gave a ruling on the 20th August 1990 as Thiru S. R. Eradha, in his capacity as the

leader of the A.I.A.D.M.K. Legislature Party, had stated in his letter dated the 23rd July 1990 that Thiru S. Thirunavukkarasu, Thiru K.K.S.S.R. Ramachandran and Thiru S. D. Ugamchand had been expelled from that party and changes had been effected in the posts of Deputy Leader and Whip in the Legislature Party. In that ruling, while referring to whether Thiruvalargal S. Thirunavukkarasu, K.K.S.S.R. Ramachandran and S.D. Ugamchand had been expelled from that Party or whether they were continuing there, I had stated that I was temporarily deferring my decision in the matter because of the stay obtained till 23rd August 1990 in respect of the action taken by Selvi J Jayalalithaa and the convention that this House does not deliberate on a matter of subjudice and also because of the absolute need for maintaining good relationship with the judiciary.

Page 18: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

12

In as much as the petition field in the Court is deemed to have been withdrawn,

I give the following ruling on the above issue:-

As stated by me in my earlier ruling, in as much as there is no provision in regard to expulsion in the Tenth Schedule to the Constitution (Fifty-second Amendment) Act, 1985 and rules framed there under, so also in the Assembly Rules, it has become necessary to follow the Parliamentary precedents and rulings of certain other State Legislatures. In so far as Parliament and other State Legislatures are concerned, if a member is expelled from the party to which he belongs, such a member is only declared as an unattached member.

The recent ruling in the Parliament in the case of 25 Janata Dal members who were

declared as ‘unattached’ on the basis of a petition by the Janata Dal Leader Thiru V. P. Singh wherein it was stated that the said 25 members of the Janata Dal Parliamentary Party had been expelled from the party, can be quoted in this context.

Following this precedent, as the Leader of the A.I.A.D.M.K. Legislature Party has intimated through a letter that Thiruvalargal S. Thirunavukkarasu, K.K.S.S.R. Ramachandran and S. D. Ugamchand have been expelled from the party, I declare the above three as “Unattached Members”.

I also wish to inform this House that on the basis of the above ruling intimation regarding change of seats has already been sent to the members concerned through letters and Information Sheet”.

(2) On the 21st January 1991, Hon. Speaker gave the following Ruling in the House;

“Thiruvalargal P. Marappan, K. Ponnusamy, R. Anna Nambi and K. Palanisamy have given their petitions dated the 18th January 1991, on the basis of newspaper reports, wherein they have stated that Thiruvalargal K. Madhappan, R. Mookan, Thirumathi P. Lakshmi and Thiru V. Raju had incurred disqualification under the Tenth Schedule of the Constitution (Fifty-second Amendment) Act, 1985.

All the four petitions are in no way different from the petition dated the 19th August 1990 given by the same members.

However, the petition relating to Thiru K. Madhappan has become in fructuous in as much as his letter of resignation has been accepted by me and orders issued thereon. Regarding Thiru R. Mookan, Thirumathi P. Lakshmi and Thiru V. Raju, I declare that the ruling given by me on the 20th August 1990 itself will be appropriate and reject these petitions.”

(3) On the 22nd January, 1991, Hon. Speaker gave the following Ruling in the House: “On the basis of the letters given by the General Secretary of the A.I.A.D.M.K. Party

Selvi Jayalalitha and the Leader of the A.I.A.D.M.K. Legislature Party Thiru S. R. Eradha, and in accordance with the provisions of the Anti-Defection Act, Thiruvalargal S. Thirunavukkarasu, K.K.S.S.R. Ramachandran and S.D. Ugamchand were declared as “Unattached” and their seats in the House were also changed. Thus, the demand of the A.I.A.D.M.K. was conceded.

Page 19: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

13

In the meantime, Thiruvalargal S. Thirunavukkarasu, K.K.S.S.R. Ramachandran and

S. D. Ugamchand have represented that they have been adversely affected by this ruling, and that they had taken certain political decisions even before Selvi Jayalalitha’s letter was given that even now there was a case in the Court seeking a declaration as to who is the real A.I.A.D.M.K. and that even in respect of Party Office and other matters there is a case pending in the Court. They have further stated That they are members of the A.I.A.D.M.K. since 1972, that they have been continuously serving as Members of the Legislative Assembly for several terms and Ministers in the Cabinet of Hon. Dr. M. G. Ramachandran and therefore they are not “Unattached” and belong to a Party, they have requested that they may be allowed to function as a Party as they are functioning democratically outside. They have not only shown supporting documents but also explained the position in person.

The A.I.A.D.M.K. (Jayalalitha) and the A.I.A.D.M.K. (Janaki Ramachandran) which contested the elections came to an agreement and announced that both the parties were merging. In accordance with the rule provisions, the merger was accepted. In the said circumstances the argument of Thiru P. H. Pandian, M.L.A. that he would function only in the name of A.I.A.D.M.K. (Janaki Ramachandran) was accepted even though the parties had merged outside, and to-day he has been permitted to function in the party name A.I.A.D.M.K. (Janaki Ramachandran). Further, as the party to which he belongs has secured more than 4 percent of votes, it has also been permitted to function as a “group”. He has also furnished the rules and regulations of his party. Thiruvalargal S. Thirunavukkarasu, K.K.S.S.R. Ramachandran and S. D. Ugamchand have also shown the rules and regulations of their party and sought their acceptance. Thiru K. A. Mani, who got elected in the “Cock” symbol of A.I.A.D.M.K. Party, in fact belongs to the Indian Farmers and Toilers Party. However, on the basis of the letter given by Selvi Jayalalitha to the effect that he could be allowed to function in the same of his party itself and also on the basis of the letter obtain and produced by Thiru K. A. Mani, from his Party High Command, he was also permitted to function in the name of the Indian Farmers and Toilers Party.

Thiruvalargal Pon. Vijayaraghavan and G. G. Gurumurthy who originally belonged to the Tamizhaga Janata Party were permitted to merge with the Janata Dal on the basis of a letter given by them that they were merging with the Janata Dal; and they are functioning in that party till date. They have since stated that they have joined the Janata Dal (S) Party and tha they should be recognized as such. As they constitute 1/3rd of the original strength, the split has been accepted and they have been allowed to function as Members of Janata Dal (S) However, it has been intimated to them that decision in this regard will be taken only after they obtain and produce an appropriate letter from their Party High Command. Even though in the instant case, the Janata Dal (S) has come into being in Tamil Nadu only recently, the arguments put forth by the Members have been accepted but a decision has been deferred till the receipt of confirmation from their Party High Command. Further, the Janata Dal (S) Party came into existence only after 5th November 1990. When that organization split from the Janata Dal, 25 Members including Hon. Prime Minister Thiru Chandrasekar were declared as “Unattached” on the basis of a letter given by the leader of the Janata Dal Party. Subsequently, on their written representation and the representations given by the other Members of the Janata Dal (S) Party were examined and the break in the Party after the 5th November 1990 was recognized as “Split”; consequently, those who had been earlier declared as “unattached” were also recognized as belonging to Janata Dal (S). The argument that this constituted 1/3rd of the original strength has been accepted.

Page 20: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

14

In the instant case, Thiruvalargal S. Thirunavukkarasu, K.K.S.S.R. Ramachandran and S.D. Ugamchand were declared as “Unattached Members”, only because they did not constitute 1/3rd of their original strength. However, I have a duty to take into consideration their other arguments as well. When there was a split in the A.I.A.D.M.K. Party in the beginning of 1988, considering the circumstances then prevailing they were allowed to function as A.I.A.D.M.K-I and A.I.A.D.M.K.-II, both in Lok Sabha as well as in Rajya Sabha. Further, even now cases between A.I.A.D.M.K. Party and the Thirunavukkarasu Group that split from that Party are still pending. Even the cases instituted by the Janaki Ramachandran Group have not been concluded yet. We take into consideration these things as well. In the circumstances, Thruvalargal S. Thirunavukkarasu, K.K.S.S.R. Ramachandran and S. D. Ugamchand have presented a view that allowing them to function as a Party without affecting the A.I.A.D.M.K. Party set up would be justifiable according to democratic principles and rules and regulations. No one can forget the fact that already Thiruvalargal S. Thirunavukkarasu, K.K.S.S.R. Ramachandran and S. D. Ugamchand have been functioning unitedly as a Party and not as independents. Further it would be wholly accepted in a democracy for people to function unitedly as a Party wherever possible instead of functioning as independents. It will be only appropriate while referring to the position of a member in regard to the Assembly, it would be only proper to refer him as an independent. But, later, when his Party affiliation and the organizational set up of the Party are pointed out, it will also be proper to accept it after due consideration. A decision has to be taken on the above lines. I therefore decide that it is only appropriate to allow Thiruvalargal S. Thirunavukkarasu, K.K.S.S.R. Ramachandran and S. D. Ugamchand to work unitedly and function as a Party. On that basis, I permit Thiruvalargal S. Thirunavukkarasu, K.K.S.S.R. Ramachandran and S. D. Ugamchand to function as Members belonging to A.I.A.D.M.K-II in the House and recognize them as such. On that basis and on the basis of the letter written by their Party, I declare that Thiru S. Thirunavukkarasu will function as the Leader of that Party, Thiru K.K.S.S.R. Ramachandran as its Deputy Leader and Thiru S. D. Ugamchand as the Party Whip”.

XX. PRESENTATION OF COMMITTEE REPORTS

During the period, Eighteen Reports were presented to the House by the Committees of Legislature as detailed below:-

Serial

Number. (1)

Name of Report

(2)

Date of presentation.

(3)

1. Sixth Report of the Committee on Government Assurances.

22nd January 1991

2.

Forty-ninth Report of the Committee on Public Accounts.

23rd January 1991

3.

Fiftieth Report of the Committee on Public Accounts.

23rd January 1991

Page 21: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

15

Serial

Number. (1)

Name of Report

(2)

Date of presentation.

(3)

4. Fifty-second Report of the Committee on Public Undertakings.

23rd January 1991

5.

Fifty-third Report of the Committee on Public Undertakings.

23rd January 1991.

6.

Fifty-fourth Report of the Committee on Public Undertakings.

23rd January 1991.

7.

Fifty-first Report of the Committee on Public Accounts.

24th January 1991.

8.

Fifty-Second Report of the Committee on Public Accounts.

24th January 1991

9.

Fifty-third Report of the Committee on Public Accounts.

24th January 1991.

10.

Fifty-fourth Report of the Committee on Public Accounts.

24th January 1991.

11.

Fifty-fifth Report of the Committee on Public Accounts.

24th January 1991.

12.

Fifty-sixth Report of the Committee on Public Accounts.

24th January 1991.

13.

Fifty-seventh Report of the Committee on Public Accounts.

24th January 1991.

14.

Fifty-eighth Report of the Committee on Public Accounts.

24th January 1991.

15.

Fifty-ninth Report of the Committee on Public Accounts.

24th January 1991.

16.

Fifty-fifth Report of the Committee on Public Undertakings.

24th January 1991.

17.

Fifty-sixth Report of the Committee on Public Undertakings.

24th January 1991.

18.

Fourth Report of the Committee on Petitions.

25th January 1991.

Page 22: RESUME OF BUSINESS - Tamil Nadu Pollution …RESUME OF BUSINESS Legislative Assembly Secretariat. Madras-600 009. PREFACE This publication contains a brief resume of the Business transacted

16

XXI. PAPERS LAID ON THE TABLE OF THE HOUSE.

During the period, 158 papers were laid on the Table of the House, the details of which are as follows:- A. Statutory Rules and Orders 112 B. Reports, Notifications and Other Papers 46 ----------- Total 158 -----------

*****